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DAVE v. RAILS-TO-TRAILS CONSERVANCY

No. 94-36071.

79 F.3d 940 (1996)

Leonard DAVE; Bill Giersch; Mary Giersch; Louise Mattson; Stan Crocker; Noreen Crocker; B.J. Kessinger; Hank Dane; Kay Harrigan; Sam Humphries; Bud Tucker, Plaintiffs-Appellants, v. RAILS-TO-TRAILS CONSERVANCY, a non-profit District of Columbia Corporation; Cleve Pinnix, Director, Washington State Parks and Recreation Commission, in his individual capacity; Queenie Allado; Robert Petersen; Melvin Wortman, Commissioners, Washington State Parks and Recreation Commission, in their individual capacity, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 27, 1996.

Attorney(s) appearing for the Case

Michael E. Haglund, Shay S. Scott, Haglund & Kirtley, Portland, Oregon, for plaintiffs-appellants.

Matthew Cohen, Carole Rafferty, Heller, Ehrman, White & McAuliffe, Seattle, Washington; Joseph Earl Shorin, Assistant Attorney General, Olympia, Washington; Andrea C. Ferster, Washington, D.C., for defendants-appellees.

Before: D.W. NELSON and JOHN T. NOONAN, Jr., Circuit Judges, TANNER, District Judge.

NOONAN, Circuit Judge:

Leonard Dave and other alleged owners of reversionary interests in railroad easements (the Plaintiffs) brought suit against the Rails-To-Trails Conservancy (RTC) and the director and commissioners of the Washington State Parks and Recreation Commission (the Commission) alleging violation of their civil rights under 42 U.S.C. § 1983 and of the National Trails System Act, 16 U.S.C. § 1247(d). The district court dismissed the action for...

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